Monarch Transport Group, INC (“Monarch”) is a fully licensed and bonded auto transport broker (USDOT broker license # 4060376) (MC-1540524). These Auto Transport Terms and Conditions (the “Agreement”) govern the Services (as defined in this Agreement) provided by Monarch to you, as the client (together with your designees, referred to herein as “Client”, “you”, or “your”).
By clicking to accept or agree to the Agreement when this option is
made available to you, you: (i) acknowledge that you have read and
understand this Agreement in its entirety; (ii) accept and agree to be
bound by this Agreement in its entirety; (iii) are entering into a legally
binding contract with Monarch; and (iv) acknowledge that, except as
otherwise expressly provided, this Agreement is solely between you and
Monarch. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND
CONDITIONS OF THIS AGREEMENT, YOU SHALL NOT USE THE
SERVICES.
Monarch will identify and contract with a transport car carrier (“Carrier”) to transport your Vehicle(s) (as defined in this Agreement) in accordance with your order (the “Services”). Monarch’s Services are considered rendered when Monarch has designated a Carrier to transport your Vehicle(s). In providing the Services, Monarch is acting solely in the capacity of an auto transport broker to connect you with a Carrier for the purposes of transporting your Vehicle(s). Monarch is not responsible for transporting your Vehicle(s) nor will Monarch take possession of your Vehicle(s).
To place an order, you must provide accurate information identifying your vehicle or vehicles that will be transported using the Services (the “Vehicle(s)”), the condition and operability of the Vehicle(s), addresses for pickup and delivery, first available date for pickup, the names and contact information for responsible individuals who will be present at pickup and delivery, the type of transport you would like (e.g., open or enclosed trailer), payment method, and a credit/debit card number for payment. After you initially provide your order information, Monarch will send you an email (“Confirmation Email”) containing your order information and the fees you will be charged for Services based on the information you provided. At that time, you must review and confirm your information and acceptance of the fee and this Agreement by submitting your order on the Monarch website as directed in the Confirmation Email. By submitting your order, you represent that all information you provided (as presented in the Confirmation Email and on the Monarch website) is complete and accurate and agree to pay the fees for the Services and transportation of your Vehicle(s). Monarch has no responsibility to provide Services until your order is submitted. By submitting your order, you authorize us to provide your contact information and all order details to prospective Carriers and represent and warrant that you are the registered legal owner of the Vehicle(s), or that you have been duly authorized by the legal owner of the Vehicle(s) to enter into this Agreement and acquire services to transport the Vehicle(s) in accordance with the order.
You agree to pay in full the fees for Services and any additional charges that may be incurred in accordance with this Agreement. The fees for Services will be set forth in the Confirmation Email and on the Monarch website before you submit your order. The total fee is due in two installments, the first due when Monarch designates a Carrier to transport your Vehicle(s) (the “Initial Payment”) and the balance due when your Vehicle(s) is(are) delivered (the “Remaining Balance”).
The Initial Payment must be paid by credit/debit card. By submitting an order (which must include your credit/debit card information), you authorize Monarch to immediately conduct a $1 authorization to validate the card and then to charge the Initial Payment to the card when it becomes due.
The Remaining Balance and any additional charges incurred in accordance with this Agreement must be paid in full by cash or certified check, directly to the Carrier upon delivery of your Vehicle(s). Cash and
certified funds are the only methods of payment accepted for the Remaining Balance or any other charges due at delivery. Failure to remit the Remaining Balance when due will result in storage of the Vehicle(s) at your expense until the balance is paid in full.
In certain circumstances, Monarch and Client will make arrangements for Client to pay the Initial Payment and the Remaining Balance by Credit Card. In such circumstances, the Remaining Balance shall be charged when Monarch designates a Carrier to transport your Vehicle(s). Monarch will pay the Remaining Balance to the Carrier upon delivery of your Vehicle(s).
All amounts due must be paid in full when due and the fees are not subject to dispute or offset for any damages or any other reason (including, without limitation, because you are not satisfied with the
Services). Once paid, charges are non-refundable. If your form of payment for the Initial Payment (when collected by Monarch) is rejected, we will contact you for an alternative form of payment and reserve the
right to withhold further services until payment is made. Failure to timely provide an alternate form of payment may result in delay in designating a Carrier to transport your Vehicle(s) and/or delivery of your Vehicle(s) or a cancellation of your order.
In addition, if you fail to make any payment when due or we receive a chargeback for your payment (whether due to a dispute of the charge or any other reason), then you must pay Monarch the outstanding amount owed plus reimbursement for all reasonable costs incurred in collecting any overdue payment or chargeback and related interest, including, without limitation, attorneys’ fees, legal costs, court costs, and collection agency fees. All late payments and chargebacks will be charged interest, calculated from the date the payment was originally due, at a rate that is the lesser of: (a) 1.5% per month and (b) the highest rate permissible under applicable law.
You will be notified by email (at the email address provided on your order form) when a Carrier has been designated to transport your Vehicle(s).The designation email will include information about the Carrier as well
as estimated pickup and delivery dates.
You shall take the following steps prior to the designated pickup time to prepare your Vehicle(s) for Transport:
a) Ensure you have a key to the Vehicle(s) available to provide the Carrier
b)Remove and secure all loose parts, fragile accessories and low hanging spoilers, etc.
c) Remove all non-permanent, outside mounted luggage and other racks
d) Remove or deactivate any toll pass transponders or other sensors that may get charged to your account (e.g., EZ-Pass). Note that 100% of any toll charges incurred by the Client are the responsibility of the Client
e) Ensure Vehicle(s) is(are) in good working condition (unless previously noted on your order) and with between 1/4 and 1/2 tank of fuel
f) Disarm any alarm system or provide Carrier with keys and instructions for arming/disarming any alarm system;
g) Remove all sensitive materials and do not store any dangerous or illegal items inside the Vehicle(s) (including, but not limited to, explosives, guns, ammunition, fireworks, flammable materials, alcohol,
legal or illegal medication or drugs, money, legal or financial documents, pets, plants, sensitive and fragile materials, or unlawful contraband)
h) Subject to compliance with subsection 7(g) above, you may store personal belongings in the Vehicle(s) so long as they do not exceed the total of one hundred pounds (100lbs) in the aggregate and are stored in
the trunk or secured below the window line. Personal belongings totaling more than one hundred pounds (100lbs) and/or unable to be stored in the trunk or secured below the window line must be disclosed in
advance of pickup and are subject to additional fees at the Carrier’s discretion. Carrier has the right to reject any personal property in the Vehicle(s) if, in the Carrier’s discretion, transporting such personal
property is unsafe, violates the law or would be challenging to transport. All items left in your Vehicle(s) shall be at your own risk and neither
Monarch nor the Carrier will bear any responsibility for such items, financially or otherwise
i) Notwithstanding subsection 7(h) above or any other provision of this Agreement, if the pickup and/or delivery location is a shipping port, no
personal belongings or other property of any nature or value will be allowed in the Vehicle(s) and you will ensure that the Vehicle(s) is (are) completely empty except for original equipment manufacturer or factory installed equipment. Additionally, you shall be solely responsible for all documentation, paperwork, and fees required by customs or otherwise with respect to any pickup and/or delivery from or to a shipping port.
Failure to take these steps will result in you being liable for damages caused to your Vehicle(s), the transport vehicle, or other property. Neither Carrier nor Monarch will be liable for any damages or loss
caused to your Vehicle(s) or any other property that is caused in part by your failure to reasonably comply with this Agreement.
By submitting an order, you authorize the designated Carrier to operate and transport your Vehicle(s) between the pickup and delivery location and take such steps the Carrier deems necessary to complete such
transportation, including driving the Vehicle(s) (operation of the Vehicle(s) by Carrier may be covered by your insurance). Either Monarch or the Carrier will make a reasonable attempt to contact you prior to pickup or delivery to inform you of the approximate time and location of such pickup or delivery. The Carrier will attempt to make the actual pickup and delivery location as close to the address requested as
possible, taking various factors into account, including, without limitation, transportation restriction laws and safety. These factors may require you and the Carrier to designate an alternative pickup/delivery location other than the one you originally requested. If you are unable to
be at the designated pickup/delivery location at the designated time, you must designate with the Carrier another individual (who must be at least
18 years old) to act as your agent for purposes of the pickup/delivery. You are solely responsible for the acts and omissions of your designee. You and your Vehicle(s) must be present at the pickup location at the designated time or you risk cancellation of your order and incurring the cancellation fee. If you are not at the delivery location at the designated
time, your Vehicle(s) may be stored and/or the delivery delayed, each at your sole expense.
Pickup At the time of pickup of your Vehicle(s), prior to Carrier taking possession of the Vehicle(s), you and Carrier shall conduct a full inspection of the Vehicle(s) for existing exterior damage. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You and Carrier shall acknowledge the existing condition of the Vehicle(s) by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR
OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. IF A PAPER COPY IS NOT AVAILABLE, A PICTURE OR PHOTOCOPY IS SUFFICIENT. If one or more Vehicle is found inoperable or not as described in the order (e.g. oversized), contains any
additional items inside or outside that are not part of your stock Vehicle(s), contains personal property exceeding the one hundred pound (100lb) limit and/or unable to be stored in the trunk or secured under the
window line, you may be subject to additional charges by the Carrier which will be payable upon delivery or cancellation of your order.
Delivery At the time of delivery of your Vehicle(s), you and Carrier shall conduct a full inspection of the Vehicle(s) for any exterior damage that may have been caused during transport. The results of this inspection shall be recorded on the inspection report on the Bill of Lading. You must notate any new damage to the Vehicle(s) (as compared to the condition of the Vehicle(s) at the time of pickup) on the Bill of Lading inspection report. You and Carrier shall acknowledge the condition of the Vehicle(s) by signing the Bill of Lading. YOU ARE RESPONSIBLE FOR OBTAINING AND RETAINING A COPY OF THE ORIGINAL BILL OF LADING FOR YOUR RECORDS. IF A PAPER COPY IS NOT AVAILABLE, A PICTURE OR PHOTOCOPY IS SUFFICIENT. BY SIGNING THE BILL OF LADING WITHOUT NOTATION OF DAMAGE, YOU ACKNOWLEDGE THAT YOU RECEIVED YOUR VEHICLE(S) IN SATISFACTORY CONDITION AND WITHOUT DAMAGE AND THEREBY RELEASE MONARCH AND CARRIER
OF ANY CLAIMS OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR VEHICLE(S).
Carrier’s responsibility for the Vehicle(s) commences only when the Bill of Lading is signed by you and Carrier at pickup and terminates no later than when you sign the Bill of Lading at delivery or otherwise take delivery of the Vehicle(s).
Transportation services are subject to delays caused by numerous factors prior to or during transport of your Vehicle(s), many of which are out of the control of Monarch and the Carrier, including, without limitation, road conditions, weather, and mechanical issues. Therefore, neither Monarch nor Carrier guarantee pickup/delivery dates, times, or locations. Any estimate of pickup/delivery date, time, or location that is provided to you by Monarch or Carrier is approximate and subject to change.
We strongly urge you (or your designee) to be present at the pickup/delivery location when your Vehicles is/are picked up/delivered and strongly urge against you arranging for pickup/delivery of your Vehicles when neither you nor your designee will be present at the pickup/delivery location when your Vehicles is/are picked up/delivered. If you (or your designee) fail to show at the pickup/delivery location when your Vehicles are picked up/delivered or you arrange with either Monarch or the Carrier for pickup/delivery of your Vehicles when you (or your designee) cannot be present, then you waive certain rights under this Agreement, including the right to inspect your Vehicles and notate any damage. In such instances, and without limiting in any way the disclaimers, limitations of liability, and other provisions set forth herein:
(a) in no way shall Monarch be responsible for damage to or loss of your Vehicles or any part or content thereof.
(b) you may be required by the Carrier and/or Monarch to sign an additional release or waiver of liability.
(c) you may be required by the Carrier to make alternative arrangements for pickup/delivery of your Vehicles and keys for the Vehicles.
(d) you take sole responsibility for additional costs incurred as a result of the alternative pickup/delivery arrangements including, without limitation, costs related to shipping keys for the Vehicles and any other contents of the Vehicles, towing/booting fees, your transportation costs to any alternative delivery location (for example, if your Vehicle) is/are towed by a third party or the Carrier determines, in its sole discretion, to take your Vehicles to be stored), cancellation fees, and storage fees
(e) you retain sole responsibility for obtaining permission for your Vehicles to remain at the designated pickup location in your absence and any damage or loss thereto until the Carrier actually picks up your Vehicles.
(f) you take sole responsibility for obtaining permission for delivery of your Vehicles to the designated delivery location in your absence and the presence of your Vehicles at that location and any damage or loss thereto from delivery until you retrieve your Vehicles.
